TMI Blog2021 (11) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... n cancelled since inception, therefore, the assessee was not eligible for the benefit of sections 11 12 of the Act. Under the undisputed fact that the basis of reopening of the assessment now no more exists - assessment framed on the basis of such ground cannot be sustained. We, therefore, set-aside the assessment order and direct the AO to delete the addition and grant benefit of exemption as provided under law. The grounds raised in the present appeal are allowed in terms indicated hereinabove. - Decided in favour of assessee. - ITA Nos. 2350 & 2351/DEL/2017 - - - Dated:- 25-10-2021 - G.S. Pannu, President And Kul Bharat, Member (J) For the Appellant : V.P. Gupta and Anunav Kumar, Advs. For the Respondents : V.K. Kataria, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the sections of the Income Tax Act and, accordingly, its income was duly exempt u/s. 10(iiiae) of the Income Tax Act and there was no escapement of income warranting the re-opening of the assessment. 4. That the CIT(A) also erred in not appreciating that the appellant Trust was established in 1979 and has been carrying on charitable activities since then and has been regularly filing its returns of income and claiming Exemption u/s. 10(22A)/10(23C)(iiiae) of the Income Tax Act and the case of the appellant was also examined by the AO. from time to time and no violation was found and, therefore, a view could not be taken in respect of Assessment Year 2005-06 in reassessment proceedings that its income was taxable. 5. That the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Assessing Officer assessed the income at ₹ 15,93,257/- against NIL income as declared by the assessee. 4. Aggrieved against this, the assessee filed appeal before the Ld. CIT(A), who after considering the submissions of the assessee, sustained the addition and dismissed the appeal of the assessee. 5. Aggrieved against this, the assessee is in appeal before this Tribunal. 6. The Ld. Counsel for the assessee submitted that the reason for reopening of the assessee was stated to be withdrawal of exemption as provided u/s. 12A of the Act, since the registration of the trust u/s. 12AA was canceled by the Ld. Pr. CIT. He contended that the Tribunal in ITA No. 4147/Del/2011 restored the registration as granted u/s. 12AA of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et-aside the assessment order and direct the Assessing Officer to delete the addition and grant benefit of exemption as provided under law. The grounds raised in the present appeal are allowed in terms indicated hereinabove. 9. Now, we take up ITA No. 2351/Del/2017 pertaining to Assessment Year 2006-07 of the assessee. 10. The facts and grounds are identical in this year as well in ITA No. 2350/Del/2017 relating to Assessment Year 2005-06. 11. Ld. representatives of the parties have adopted the same arguments as were addressed in ITA No. 2350/Del/2017 (Assessment Year 2005-06) [supra]. 12. We have considered the rival submissions of the parties and also perused the material available on record. Since there is no change into fact ..... X X X X Extracts X X X X X X X X Extracts X X X X
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